Between 2 agencies - shenanigans

[qska]

'm in a bit of a pickle, possibly serious, and would need some opinion PLEASE.

Company X was looking for a contractor a year ago, I was put forward for the role by agency A.
They liked me, but I went to work somewhere else.

Three weeks ago company X was looking again, and agency A got me the offer (at a certain rate) if I was interested, even before the formal interview happened. I didn't want this at the time, because the rate seemed a bit too low.

When agency B called me last week about this role with company X, I explained that I know them through agency A and am not very interested in the role anyway.

But agency B insisted on me sending a "exclusive representation" clause by email, so they have it just in case. I mistakenly did that, thinking that nothing will come out of that.

But - the agency B got me the interview even though I said I'm not all that interested in the role, predictably - the client liked me and wanted me to sign on.

The market now is a bit tulip so I went for it

I signed the contract with agency A (the one that got me the original offer two weeks ago), and agent B wants to sue me for damages.

Can they do that?

Would it help if I resign from that contract before it is due to start?

Or does the "representation" by recruitment businesses is not my business and between the agencies and the final client (company X?)

Sorry to write in such a hurried manner, but I'm a bit shaken, it is not often I get lawsuit threats on the phone!

I even forwarded the original offer email (from 7 days ago) sent by agency A to agency B to calm them down, but it didn't help, they insist that my "representation" email is binding and they want to take matters "legally" whatever that means.

[VectraMan]

So agency B got you the interview, and you agreed to be exclusively represented by agency B. Yet when you received an offer as a result of the interview you signed with agency A?

Why would you do that?

[tractor]

...

'm in a bit of a pickle, possibly serious, and would need some opinion PLEASE.

Company X was looking for a contractor a year ago, I was put forward for the role by agency A.
They liked me, but I went to work somewhere else.

Three weeks ago company X was looking again, and agency A got me the offer (at a certain rate) if I was interested, even before the formal interview happened. I didn't want this at the time, because the rate seemed a bit too low.

When agency B called me last week about this role with company X, I explained that I know them through agency A and am not very interested in the role anyway.

But agency B insisted on me sending a "exclusive representation" clause by email, so they have it just in case. I mistakenly did that, thinking that nothing will come out of that.

But - the agency B got me the interview even though I said I'm not all that interested in the role, predictably - the client liked me and wanted me to sign on.

The market now is a bit tulip so I went for it

I signed the contract with agency A (the one that got me the original offer two weeks ago), and agent B wants to sue me for damages.

Can they do that?

Would it help if I resign from that contract before it is due to start?

Or does the "representation" by recruitment businesses is not my business and between the agencies and the final client (company X?)

Sorry to write in such a hurried manner, but I'm a bit shaken, it is not often I get lawsuit threats on the phone!

I even forwarded the original offer email (from 7 days ago) sent by agency A to agency B to calm them down, but it didn't help, they insist that my "representation" email is binding and they want to take matters "legally" whatever that means.

To be fair, the market didn't go tulip over the 3 weeks you are describing.

A bit late I know, but I never, ever sign exclusivity agreements with agents unless I put a 'interview within 48 hrs' override on it. If they don't like it (and some don't) they can go take a jump (and some do). Having signed it though (and an emailed intention is probably binding), one is expected to honour it. It would be difficult for them to stand a chance of proving a loss in court (which is what they would have to do) though even if they did take it that far. If you already had an offer, they could not have reasonably have been in a position to make you a binding offer for the same post because the role had gone (dependant upon when you accepted) and I would argue that their assumption that they were even in a position to lose is wrong.

Best advice is go have a drink and don't worry. If they sue then get a lawyer. Until then, keep calm and carry on invoicing!

I just reread your post and realised you went via Agent B for the interview. Advice changes to get a lawyer and echo what V said above - 'why would you even do that'?

[qska]

So agency B got you the interview, and you agreed to be exclusively represented by agency B. Yet when you received an offer as a result of the interview you signed with agency A?

Why would you do that?

Probably 'cos I'm stupid and straightforward, didn't want to "cheat" agency A who got me the offer in the first place

[qska]

To be fair, the market didn't go tulip over the 3 weeks you are describing.

I just reread your post and realised you went via Agent B for the interview. Advice changes to get a lawyer and echo what V said above - 'why would you even do that'?

The market in Oxon/Berkshire is a bit pants - London is booming. But I'd rather work locally than spend (waste) 4 hours a day travelling.

Yup, lawyer consulted, possible losses estimated, but still trying to get company X and agency A talk some sense into these guys.

[Andy Hallett]

Quite sure you will get a lot of bluster but I am struggling to see how you have breached any enforceable contract with Agency B. If they genuinely feel they are the 'effective cause' then they would have a much better chance of going after the client.

I would be amazed if Agency B went after you personally and would be equally amazed if they were successful.

Ultimately by not being straight with all parties, you may end up appearing not worth the risk to the client.

[badger7579]

'm in a bit of a pickle, possibly serious, and would need some opinion PLEASE.

Company X was looking for a contractor a year ago, I was put forward for the role by agency A.
They liked me, but I went to work somewhere else.

Three weeks ago company X was looking again, and agency A got me the offer (at a certain rate) if I was interested, even before the formal interview happened. I didn't want this at the time, because the rate seemed a bit too low.

When agency B called me last week about this role with company X, I explained that I know them through agency A and am not very interested in the role anyway.

But agency B insisted on me sending a "exclusive representation" clause by email, so they have it just in case. I mistakenly did that, thinking that nothing will come out of that.

But - the agency B got me the interview even though I said I'm not all that interested in the role, predictably - the client liked me and wanted me to sign on.

The market now is a bit tulip so I went for it

I signed the contract with agency A (the one that got me the original offer two weeks ago), and agent B wants to sue me for damages.

Can they do that?

Would it help if I resign from that contract before it is due to start?

Or does the "representation" by recruitment businesses is not my business and between the agencies and the final client (company X?)

Sorry to write in such a hurried manner, but I'm a bit shaken, it is not often I get lawsuit threats on the phone!

I even forwarded the original offer email (from 7 days ago) sent by agency A to agency B to calm them down, but it didn't help, they insist that my "representation" email is binding and they want to take matters "legally" whatever that means.

tumble:

[SueEllen]

Can they do that?

Would it help if I resign from that contract before it is due to start?

Or does the "representation" by recruitment businesses is not my business and between the agencies and the final client (company X?)

Unless you sign something with the agency it's between the agency and the final client but only if the client and the agency has signed agreement about representation.

There are agencies who just work on verbal contracts then get the client to sign up.

Sorry to write in such a hurried manner, but I'm a bit shaken, it is not often I get lawsuit threats on the phone!

Since you are so good at writing emails, write an email to them this morning listing all the threats they made to you on the phone with the date, time of the call and who you had the conversation with.

If it comes to court that could help you show they are unreasonable d*cks.

You are aware you can record phone calls for personal note taking purposes as long as you don't share them with anyone and you don't tell anyone? So get a phone call recording app for your smartphone.

I even forwarded the original offer email (from 7 days ago) sent by agency A to agency B to calm them down, but it didn't help, they insist that my "representation" email is binding and they want to take matters "legally" whatever that means.

Now that was stupid - don't give them evidence you don't need to.

Legal generally means the agent is talking to the agency legal representative. They may have a mate who is a solicitor who may write you threatening letters.

[speling bee]

Unless you sign something with the agency it's between the agency and the final client but only if the client and the agency has signed agreement about representation.

There are agencies who just work on verbal contracts then get the client to sign up.


Since you are so good at writing emails, write an email to them this morning listing all the threats they made to you on the phone with the date, time of the call and who you had the conversation with.

If it comes to court that could help you show they are unreasonable d*cks.

You are aware you can record phone calls for personal note taking purposes as long as you don't share them with anyone and you don't tell anyone? So get a phone call recording app for your smartphone.


Now that was stupid - don't give them evidence you don't need to.

Legal generally means the agent is talking to the agency legal representative. They may have a mate who is a solicitor who may write you threatening letters.

Take the work and invite them to sue.